Written Answers
Thursday 14 March 2013
Armed Forces: Interpreters
Questions
To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 9 January (WA 95), what advice has been (1) sought, and (2) provided, from United Kingdom Armed Forces based in Afghanistan to help the Government to assess the threat to Afghan nationals who have worked as interpreters with the United Kingdom forces.[HL6032]
To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 9 January (WA 95), what advice has been (a) sought, and (b) provided, by the Ministry of Defence to help the Government to assess the threat to Afghan nationals who have worked as interpreters with the United Kingdom forces.[HL6033]
To ask Her Majesty’s Government whether they have taken advice on whether the denial of asylum to Afghan nationals who have worked as interpreters for the United Kingdom Armed Forces in Afghanistan and who are currently in the United Kingdom is compatible with the Human Rights Act 1998; and, if so, what that advice was.[HL6034]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): Arrangements are in place for asylum claims lodged in the United Kingdom by Afghan interpreters and other locally engaged staff who previously worked for the UK Government and Armed Forces to be referred by the UK Border Agency to the relevant department for further information and advice on the individual case. When that is received and all other available information taken into account, including the testimony of the applicant, the UK Border Agency will consider each case on its merits in accordance with our obligations under the Refugee Convention and the European Convention on Human Rights, and thus in accordance with the Human Rights Act 1998. In the event that asylum is refused, there is a right of appeal to the courts on refugee and human rights grounds.
Bahrain
Questions
To ask Her Majesty’s Government whether they will make representations to the Government of Bahrain about the accountability of senior military and police officers, who were in charge when civilian demonstrators were killed or severely injured in 2011; and about publication of the official Bahraini report on those events.[HL6044]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi): We have made representations on numerous occasions to the Government of Bahrain on the need for accountability of officials who were involved in human rights abuses during the unrest in 2011. This was also recommended by the Bahrain Independent Commission of Inquiry.
The Bahrain Government established a special investigations unit to look into allegations of unlawful or negligent acts by rule of law officials, resulting in the deaths, torture or mistreatment of civilians. We welcome this. But we do have concerns that, due to a lack of reliable evidence, the current number of actual convictions of officials is low. There are a number of trials under way and we urge the authorities to ensure due process is followed at all times.
To ask Her Majesty’s Government whether they will request pardons from the King of Bahrain for non-violent persons involved in the 2011 protests, subsequently sentenced to life imprisonment and to long terms in prison.[HL6045]
Baroness Warsi: It would be inappropriate for us to ask a head of state of a sovereign country to override its judiciary.
We do have concerns in certain cases where there are reports that those convicted had been abused in detention, denied access to legal consul and were coerced into confessing.
We call on the Government of Bahrain to meet all its human rights obligations and guarantee its citizens the fundamental liberties to which they are entitled.
To ask Her Majesty’s Government whether they will discuss with the Government of Bahrain the proposed draft law on non-governmental organisations, with a view to its conformity with international norms.[HL6046]
Baroness Warsi: We will discuss with the Government of Bahrain the important issue of a new draft law on non-governmental organisations.
It is essential that such legislation conforms with international standards and that the authorities are adhering to all conventions to which they are a party.
To ask Her Majesty’s Government whether they will discuss with the Government of Bahrain the alleged use of excessive force on 14 February in al-Dia village, leading to two deaths.[HL6047]
Baroness Warsi: We were saddened to hear of the deaths of two protestors and one police officer following clashes around the two-year anniversary of the unrest last month.
We urge the authorities to be thorough and transparent in their investigations in to the deaths of the two protestors. We have raised our concerns with the Interior Minister and stressed the need for restraint to be exercised in all circumstances.
Banking: Professional and Career Development Loans
Question
Asked by Baroness Sharp of Guildford
To ask Her Majesty’s Government what is (1) the actual, and (2) the forecast, cost to HM Treasury of Career Development Loans and Professional Career Development Loans in England from 2010–11 to 2014–15 inclusive; and how much private lending per year is supported by public subsidy.[HL5911]
Baroness Garden of Frognal: The cost to Government of the continued delivery of professional and career development loans (known as career development loans prior to July 2009), the number of loans taken out, and the committed bank lending values are set out in the following table.
| Financial Year | Programme costs | Loan take-up | Bank lending |
Figures for 2010-11 and 2011-12 represent actual take up. Figures for 2012-13 are based upon actual data to the end of December 2012 plus forecasts for the remainder of the financial year. Figures for 2013-14 and 2014-15 are forecasts and reflect anticipated demand.
Benefits
Question
To ask Her Majesty’s Government how many claims were made for industrial injuries disablement benefit in respect of the C3 class of prescribed diseases relating to phosphorous exposure or any sequelae thereof in each year since 1985; how many of those claims were successful; how many confirmed organophosphate poisoning; how many were restricted to accident only; and how many awarded claims were subsequently disallowed.[HL6010]
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud): The available information is shown in the table below:
Source
:Department for Work and Pensions 100% extract of data.
1. Figures are rounded to the nearest 10.Figures are for the 4 quarters ending March, June, September and December in each year.
2. ‘-' Nil or negligible.
3. Year ended 1998 is the earliest available data, prior to that figures were not broken down to individual disease level.
4. Please note that the data shown in this table are produced from a very small number of claims and should therefore be treated with extreme caution.
5. Claims from people resident overseas are included in all quarters. Includes cases where assessments resulted in none payment.
6. Phosphorus Exposure is listed as a prescribed disease and not a “cause of accident”.
Borders, Citizenship and Immigration Act 2009
Question
To ask Her Majesty’s Government whether all UK Border Force officials working at St Pancras International station and the related controls in France and Belgium are subject to Section 55 of the Borders, Citizenship and Immigration Act 2009, which requires the UK Border Agency to make arrangements to safeguard and promote the welfare of children.[HL6023]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): All Border Force officials working at St Pancras International station have a legislative duty of care under Section 55 of the Borders, Citizenship and Immigration Act 2009 which requires Border Force to make arrangements to safeguard and promote the welfare of children. The duty of Border Force staff to safeguard and promote the welfare of children under Section 55 of the Borders, Citizenship and Immigration Act 2009 is required to be discharged within the United Kingdom and does not extend overseas. However, as a matter of principle, Border Force officers at juxtaposed controls work within the spirit of the legislation. Officers at all juxtaposed controls maintain a high degree of vigilance and work to safeguard and protect vulnerable children and those who may potentially be trafficked.
British Paediatric Surveillance Unit
Question
Asked by Lord Browne of Belmont
To ask Her Majesty’s Government whether they propose to continue funding for the British Paediatric Surveillance Unit.[HL6012]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The Health Protection Agency is currently contributing to some of the administrative costs of the British Paediatric Surveillance Unit. From April 2013, this funding contribution will be provided by Public Health England.
Child Poverty
Question
Asked by Baroness Lister of Burtersett
To ask Her Majesty’s Government whether all the responses to the consultation document Measuring Child Poverty will be published online.[HL6016]
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud): The consultation closed on 15 February, and we are currently analysing all the responses before deciding on the next steps. This is an open consultation and we are considering each response seriously. At this point, we have not decided what the next steps will be and therefore cannot say for certain how we will respond. We anticipate however that we will publish a summary of the responses to the consultation alongside the Government's response. It is not always possible to publish all the responses to consultations as some request that their submissions are not made public.
Drugs: Prescribed Drug Addiction
Question
To ask Her Majesty’s Government what guidance will be available to clinical commissioning groups, health and wellbeing boards and local authorities from April 2013 on the appropriate specialist services for people addicted to and withdrawing from prescribed drugs; and which government agency will issue that guidance.[HL5993]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): After April 2013, Public Health England, the National Health Service Commissioning Board and the department will continue to provide data and best practice examples to support commissioners and local groups which assess local need and commission an appropriate range of services.
On 28 February, the National Treatment Agency held an event for local commissioners and providers. At that it launched for consultation, Addiction to Medicines: Commissioning Treatment for Dependence on Prescribed and Over-the-Counter Medicines.
Employment: Work Capability Assessment
Question
To ask Her Majesty’s Government whether, in the light of the relevance of oral evidence to appeals against work capability assessment decisions, they have given consideration to decision makers taking oral evidence directly or by telephone at an early stage of the decision-making process; and what, if any, are the reasons against adopting such a policy.[HL6056]
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud): Following recommendations made in Professor Harrington's first independent review of the work capability assessment we have introduced changes to the decision making process.
After the face-to-face assessment takes place and before a final decision is taken, a decision maker will try to telephone the claimant to explain what will happen next. This is known as the decision assurance call and provides the decision maker the opportunity to discuss the proposed decision with the claimant and for the claimant to provide further documentary or oral evidence if appropriate.
The decision assurance call is an important opportunity to further explore with the claimant if further documentary evidence is available/required to help ensure that the correct decision is made from the outset. We are committed to continually improving the WCA and to ensuring that, wherever possible, decisions are right first time. The decision assurance call plays a key role in this, as well as helping ensure the WCA process is more empathetic and less mechanistic.
EU: Treaties
Question
Asked by Lord Stoddart of Swindon
To ask Her Majesty’s Government whether, in the light of the reported remarks by Mr Van Rompuy on 28 February that there was no impending need to re-open the European Union treaties and not “much appetite for it around the leaders’ table”, they have any plans to reassess their commitment to securing a new settlement for the United Kingdom in Europe.[HL5931]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi): The Government will continue to seek outcomes that are in the UK national interest when negotiating with EU partners. This would include any future discussions on changes to the EU treaties. Not all reforms to the EU require changes to the EU treaties; the reforms to the Common Fisheries Policy currently being negotiated are a case in point.
A number of the more ambitious proposals put forward by other relevant parties would require treaty change, such as some of those in the “Four Presidents” report and in the President of the Commission's most recent State of the Union address.
Finance: Early and Prompt Payment Schemes
Question
To ask Her Majesty’s Government what estimate they have made of the financial benefits in government procurement costs available from rebates from suppliers in return for early payment of invoices.[HL6149]
Lord Wallace of Saltaire: Government policy is to pay undisputed invoices within five days and to pass 30-day payment terms down supply chains. We do not make early payment conditional on rebates.
Finance: Payday Loans
Question
Asked by Lord Taylor of Warwick
To ask Her Majesty’s Government what steps they will take to strengthen the regulation of payday lenders.[HL6025]
The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills (Viscount Younger of Leckie): I refer the noble Lord to the Written Ministerial Statement I made on 6March 2013 (Official Report, col. WS141-43).
Food: Banks
Question
To ask Her Majesty’s Government, further to the answer by Lord De Mauley on 5 February (Official Report, col. 136), how many food banks were operating in (1) England, and (2) the United Kingdom, in each year between 1997 and 2012.[HL5873]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley): There are no official figures for the number of food banks. The provision of food aid ranges from small, local provision, through to regional and national schemes. The greatest proportion is community-led provision responding to local needs. As such, the Government do not believe it is possible to keep a record of the number of food banks without placing unnecessary burdens on volunteers trying to help their communities.
Food: Labelling
Question
Asked by Lord Patel of Blackburn
To ask Her Majesty’s Government what steps they are taking to regulate the meat industry, in particular in respect of false labelling.[HL5652]
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley): The fundamental principle established in food labelling law is that information provided to the consumer must not mislead. It is unacceptable for consumers to have been misled in the way uncovered by recent events. If undeclared equine and/or porcine DNA is found in beef products (eg beef burgers), there are possible offences under:
Section 15 of the Food Safety Act 1990;the Food Labelling Regulations 1996;the Meat Products (England) Regulations 2003 (and parallel legislation in Scotland, Wales and Northern Ireland);the Consumer Protection from Unfair Trading Regulations 2008 (CPRs); andRegulation 4(c) of the General Food Regulations 2004 making it an offence to contravene Article 16 of Regulation (EC) No 178/2002.
Local authorities and port health authorities undertake thousands of analyses each year to enforce food labelling rules. If samples analysed are found not to be in line with legal requirements, follow-up investigations will be made and further enforcement action may be taken depending on the findings of the investigation, and any due diligence defence.
The Secretary of State for Environment, Food and Rural Affairs has regular discussions with Simon Coveney, the Irish Minister for Food, Agriculture and the Marine. He is working closely with his counterparts in Ireland, and across Europe to ensure that the current unacceptable situation with horsemeat cannot happen again. This includes a one month programme of DNA testing of beef products across the EU covering domestic and imported products, results of which need to be submitted to the European Commission on 15 April.
Food: Waste
Question
To ask Her Majesty’s Government, in the light of the United Nations process to adopt a post-2015 development agenda, what plans they have to support the creation of a goal covering the issue of food waste and loss.[HL5861]
Baroness Northover: Using natural resources more efficiently and sustainably and addressing hunger are important issues in the post-2015 development agenda. Discussions are ongoing on what specific goals should make up the new framework.
DfID and the Department for Environment, Food and Rural Affairs are working internationally with the UN Food and Agricultural Organisation to address the unacceptably high (30-50%) levels of food wastage globally.
Health: Doctors’ Language Tests
Question
To ask Her Majesty’s Government whether they will make an announcement when they have reached agreement with the General Medical Council on
the level of English language skills to be required of European Union doctors practising in the United Kingdom; and what criteria they will apply in deciding whether to test individual doctors before allowing them to practise.[HL6057]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The department is working constructively with the General Medical Council (GMC) to determine the criteria to be applied before language testing, including what evidence European Union doctors would provide to demonstrate that they have the required language ability before testing would be required. It will also be for the GMC to determine what level of English language is necessary. There will be a public consultation on this policy during summer 2013.
Health: HIV
Question
To ask Her Majesty’s Government what is their policy on testing for HIV in patients lacking capacity to give consent following a needlestick injury to a healthcare worker.[HL5920]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): Where a person lacks capacity to consent their rights are protected by the Mental Capacity Act 2005, which determines that decisions on behalf of such a person have to be made in their best interests.
The department's view is that both the taking of samples and the testing of samples previously obtained from a patient who lacks capacity to consent are therefore acts that may only be undertaken if they are in the best interests of the patient. This would include testing a patient for a serious communicable disease such as HIV following a needlestick injury to a healthcare worker.
The department's view is that determining whether it is in the best interests of a patient who lacks capacity to take and test samples for the purpose of determining what treatment, if any, to offer a healthcare worker with a needlestick injury is a stringent test to pass. It involves assessment of the individual circumstances of the patient on a case-by-case basis.
Higher Education: Foreign Students
Question
To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 4 March (WA 367), for how long non-European Union students sponsored by a licensed employer under tier 2 of the points-based system because of an offer of an approved graduate-level job paying at least £20,000 have leave to remain in the United Kingdom; whether such time qualifies toward obtaining United Kingdom nationality; why the figure of £20,000 was chosen; what checks are made to ascertain whether students take up the jobs offered; whether there is a cap on numbers in that category; and how many such applications have been made to date.[HL6043]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): The maximum period someone is permitted to stay in the United Kingdom under the tier two (general) category of the points-based system is six years. Such time can count towards obtaining British citizenship.
The £20,000 threshold is based on analysis by the Migration Advisory Committee in 2009, which found that £20,000 was roughly equivalent to the 30th percentile of the earnings distribution for full-time workers. They concluded that it is difficult to argue that a job paying less than this is sufficiently skilled to qualify for tier 2.
Tier 2 sponsors are required to report to the UK Border Agency if a migrant they intend to sponsor and to whom they have assigned a certificate of sponsorship does not take up the post offered to them. UK Border Agency compliance officers conduct visits to tier two sponsors to check that they are making these required reports.
There is no cap on the numbers of non-European Economic Area students permitted to switch into tier two (general) from tier four or any of its predecessor student immigration categories.
It is not possible to say how many applications have been made by non-European Economic Area students because this would incur disproportionate costs.
Higher Education: Staff
Question
To ask Her Majesty’s Government how many academic staff working in post-16 education have been reclassified from public sector employees to private sector employees in each of the past three years.[HL5982]
Baroness Garden of Frognal: Separate figures for academic staff are not collected.
House of Lords: Remuneration
Question
Asked by Lord Campbell-Savours
To ask the Chairman of Committees whether any person directly or indirectly employed by, or offering services to, the House of Lords is remunerated by the House of Lords Finance Department under a personal service company arrangement.[HL5853]
The Chairman of Committees (Lord Sewel): No one on the staff of the House of Lords is paid through a personal services company.
The House does not collect this information about its suppliers. The Administration has however identified at least one current contractor to the House of Lords (a short-term consultant) who is being paid through a personal services company.
Housing Benefit
Question
To ask Her Majesty’s Government what are the allocations to each local authority for discretionary housing payments (DHP) (1) in total, and (2) for each category of DHP.[HL6008]
The Parliamentary Under-Secretary of State, Department for Work and Pensions (Lord Freud): Local authorities receive a single allocation towards discretionary housing payments. The amount they receive is not broken down into separate categories to ensure local authorities have maximum flexibility to deal with local circumstances.
Details of the allocation to each local authority for 2013-14 are as follows:
| Local Authority | Government contribution |
Immigration: Deportation
Question
To ask Her Majesty’s Government how many unaccompanied minors, excluding those from other European countries, departed the United Kingdom in 2012.[HL6022]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): We do not hold data on the number of unaccompanied minors departing the United Kingdom in 2012.
Internet: Drugs
Question
Asked by Lord Taylor of Warwick
To ask Her Majesty’s Government what steps they will take to tackle the availability of lethal drugs on the internet.[HL6027]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): The Government take the issue of internet crime, whether it is the unlawful advertising and sale of controlled drugs or other activity, very seriously. No drug or medicine is 100% safe and most have the potential to be lethal if misused.
Action to restrict drug supply, including the unlawful supply of medicines, is a priority for law enforcement and other regulatory agencies. This activity includes monitoring of controlled drugs and medicines for sale on the internet; and action with industry partners to close UK based websites trading illegally in these substances. There is also ongoing work with the EU and other international regulatory authorities to ensure that, wherever possible, offending websites are amended to reflect the law.
Maldives
Question
Asked by Lord Alton of Liverpool
To ask Her Majesty’s Government what representations they have made to the Government of the Maldives about the sentence of flogging of a 15 year-old rape victim in that country; and what information they have on the frequency of such sentences in the Maldives.[HL5857]
The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi): Following the sentence, officials at our High Commission in Colombo, which is also accredited for Maldives, have spoken with the Maldivian Deputy Foreign Minister. They conveyed our deep concern at the sentencing of the 15 year-old sexual abuse victim.
The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs, my honourable friend the Member for North East Bedfordshire (Mr Burt, Minister responsible for the Maldives) issued a statement on 1 March in which he stated that he was “appalled by reports from Maldives that a 15 year-old victim of sexual abuse had been sentenced to flogging and up to eight months house arrest for charges of pre-marital sex”. We welcome the subsequent statement from the President's Office in Maldives, and hope that the promised review into child protection mechanisms in Maldives will take place urgently, and child rights will be fully protected.
In 2011, 11 out of 129 people sentenced to 100 lashes were minors. The last judicial statistics report (published in 2011) showed that 90% of those flogged are women.
Migration Advisory Committee
Question
To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 4 March (WA 370), whether the primary purpose of the Migration Advisory Committee (MAC) remains the provision of “independent, transparent and evidence-based advice to Government on where labour market shortages exist that can sensibly be filled by migration”; and whether they will widen the MAC's Stakeholder Panel to include sectors of the economy such as local government and representatives of the unemployed.[HL6041]
The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach): The remit of the Migration Advisory Committee (MAC) is as I described it in my Written Answer of 4 March (WA 370) and includes providing advice on labour market shortages. There are no plans at present to alter the constitution of the Stakeholder Panel. The MAC reaches out to a wide range of organisations in its work and employs a number of mechanisms for taking on board the views of those with an interest in its work, including workshops, face-to-face meetings and issuing open calls for evidence.
NHS: Contractors
Questions
Asked by Lord Hunt of Kings Heath
To ask Her Majesty’s Government what action they are taking in response to the National Audit Office's report that Serco falsified data in relation to the out-of-hours general practitioner service in Cornwall.[HL6096]
To ask Her Majesty’s Government what assessment they have made of the reports that Cornwall primary care trust did not monitor the Serco contract closely enough.[HL6097]
To ask Her Majesty’s Government whether they will investigate the contracts held by Serco with the NHS.[HL6098]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The department will consider the National Audit Office (NAO) report carefully and work with partners, including the National Health Service Commissioning Board, to ensure that the issues raised in the report are addressed as appropriate.
The department does not generally hold information centrally about NHS contracts because it is local NHS bodies themselves such as primary care trusts (PCTs) which are procuring authorities and are accountable and responsible for decisions concerning the performance of the contract and the contractor.
As information on this contract is not held centrally, the noble Lord may wish to contact Cornwall and Isles of Scilly PCT for further information. We understand that Kernow Clinical Commissioning Group will take over the contract from 1 April 2013.
NHS: Non-UK Citizen Patients
Question
To ask Her Majesty’s Government how many non-United Kingdom citizens are currently (1) in-patients in NHS hospitals, and (2) registered as patients with NHS general practitioners.[HL5938]
The Parliamentary Under-Secretary of State, Department of Health (Earl Howe): The department does not hold this information.